Gudiel-Paul

Gudiel-Paul v. Ashcroft

Good Law
31 F. App'x 467
United States Court of Appeals for the Ninth CircuitFebruary 25, 2002No. 00-71697; INS No. A75-308-940California586 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Gudiel-Paul appeals the judgment of the Board of Immigration Appeals (the Board) upholding an Immigration Judge’s denial of Gudiel-Paul’s applications for asylum and withholding of removal under 8 U.S.C. §§ 1158 (a) and § 1231(b)(3). We remand the petition to the Board.

*468 Gudiel-Paul and his family were members of the Assembly of God Pentecostal Church in rural Guatemala. His father was active in working for the church, telling his family “to talk to everyone about God, to [tell] all the people that didn’t know about God.” His mother and his brothers and his sisters acted on his father’s advice: “we were dedicated to that, to talk to everyone.” Their talk caused “problems” with the guerrillas. When Gudiel-Paul was 16, the guerrillas “took my father and my mother, they put them in the kitchen, and they let us out in a room so we were listening, hearing how they were beating my father and my mother in the kitchen.” Gudiel-Paul heard shooting and thought that his parents’ assailants had killed them. In fact, the guerrillas had beaten his father on the head with such force that his father lost one eye.

In another assault on the family, the guerrillas raped…

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